SET UP A FRENCH COMPANY 

A foreign natural person who wishes to pursue an activity may opt for the status of self-employed entrepreneur or set up a sole proprietorship or a company. 

A foreign legal entity wishing to establish itself in France may create:

-  a liaison office;
- or a branch office;
- or a subsidiary.
The choice between these three structures depends on the objective of the foreign company. Indeed, the field of intervention and the formalities for setting up are not the same according to the legal form adopted.


Regulated activities
Any person of foreign nationality who wishes to set up a business, in whatever form, in France, must first check that he or she is entitled to carry out this activity because : 

Access to certain activities is reserved for French nationals, nationals of Member States of the European Economic Area or of a country that has signed a reciprocity agreement with France;
Several activities require a diploma or professional experience or even an authorisation or title issued by an administrative authority in order to be exercised.
Formalities prior to the exercise of the activity
The provisions relating to the conditions for the exercise of a commercial, industrial or craft profession by a foreigner are different depending on whether or not the latter wishes to reside on French territory.

Provisions applicable to foreigners wishing to reside in France
A foreigner who comes to exercise a commercial, industrial or craft profession on French territory must apply for a residence permit authorising the exercise of a professional activity. The card issued will state the profession that the holder intends to exercise.

Provisions applicable to foreign nationals who do not wish to reside in France
A foreigner who exercises a commercial, industrial or craft profession in France without residing there must register with the Trade and Companies Register or the Trade Register.

NB: the law of 2 January 2014 cancelled the prior declaration to the prefecture for foreigners from outside the EEC or EEA.

Provisions applicable to nationals of the European Union and States belonging to the European Economic Area (Iceland, Liechtenstein, Norway) and Switzerland who wish to reside in France
These nationals must register with the mayor of their commune of residence within three months of their arrival in France. 

Provisions applicable to nationals of the European Union and of States belonging to the European Economic Area (Iceland, Liechtenstein, Norway) and Switzerland who do not wish to reside in France
They do not have to complete any particular formality.

Any person of foreign nationality who wishes to set up a business, in whatever form, in France, must first check that he or she is entitled to carry out this activity because : 

Access to certain activities is reserved for French nationals, nationals of Member States of the European Economic Area or of a country that has signed a reciprocity agreement with France;
Several activities require a diploma or professional experience or even an authorisation or title issued by an administrative authority in order to be exercised.
Formalities prior to the exercise of the activity
The provisions relating to the conditions for the exercise of a commercial, industrial or craft profession by a foreigner are different depending on whether or not the latter wishes to reside on French territory.

Provisions applicable to foreigners wishing to reside in France
A foreigner who comes to exercise a commercial, industrial or craft profession on French territory must apply for a residence permit authorising the exercise of a professional activity. The card issued will state the profession that the holder intends to exercise.

Provisions applicable to foreign nationals who do not wish to reside in France
A foreigner who exercises a commercial, industrial or craft profession in France without residing there must register with the Trade and Companies Register or the Trade Register.

Please note: the law of 2 January 2014 abolished the prior declaration to the prefecture for foreigners from outside the EEC or EEA.

Provisions applicable to nationals of the European Union and States belonging to the European Economic Area (Iceland, Liechtenstein, Norway) and Switzerland who wish to reside in France
These nationals must register with the mayor of their commune of residence within three months of their arrival in France. 

Provisions applicable to nationals of the European Union and of States belonging to the European Economic Area (Iceland, Liechtenstein, Norway) and Switzerland who do not wish to reside in France
They do not have to complete any particular formality. 



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ce@ebert-avocat.fr